Annapurna Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6409 of 2022 Annapurna Naik and another ....

Petitioners Mr.Suresh Ku. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr.S.Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.09.2022 Order No.

02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Learned counsel for the Petitioner files a certified copy of the final form submitted in this case. It appears that the names of the present Petitioners have been deleted from the charge sheet. Further, it reveals that charge sheet has been filed against Antaryami Naik son of Kulamani Naik for commission of alleged of offence under Section 498-A,306 of the Indian Penal Code. Petitioner No.1 is the wife and Petitioner No.2 is the daughter of Antaryami Naik. 6.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C.(R), Cuttack in G.R.Case No.1205 of 2022 arising out of Tangi P.S.Case No.105 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and

// 2 // circumstances of the case, but subject to verification of the fact that whether the names of the Petitioners have been deleted from the charge sheet.

While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required by the I.O.; (ii) He shall appear before the court below on each and every date fixed;

(iii) He shall not tamper with the prosecution evidence and shall not threaten, influence, terrorise the prosecution witnesses. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

7.

The ABLAPL is disposed of accordingly.

8.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge RKS